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All content by Kyle E. Mitchell, who is not your attorney.

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California Work Made for Hire Statuteswork made for hire contracts can make contractors employees for state employment insurance purposes

California Labor Code 3351.5(c)

Division 4. Workers’ Compensation and Insurance

Part 1. Scope and Operation

Chapter 2. Employers, Employees, and Dependents

Article 2. Employees

Section 3351.5.

“Employee” includes:

(c) Any person while engaged by contract for the creation of a specially ordered or commissioned work of authorship in which the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all the rights comprised in the copyright in the work.

California Unemployment Insurance Code 686

Division 1. Unemployment and Disability Compensation

Part 1. Unemployment Compensation

Chapter 3. Scope or Coverage

Article 3. Subject Employers

Section 686.

“Employer” also means any person contracting for the creation of a specially ordered or commissioned work of authorship when the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all of the rights comprised in the copyright in the work. The ordering or commissioning party shall be the employer of the author of the work for the purposes of this part.

California Unemployment Insurance Code 621(d)

Division 1. Unemployment and Disability Compensation

Part 1. Unemployment Compensation

Chapter 3. Scope or Coverage

Article 1.5. Employee

Section 621.

“Employee” means all of the following:

(d) Any individual who is an employee pursuant to Section 601.5 or 686.

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